Section 5652 Of Article 1. General Provisions From California Probate Code >> Division 5. >> Part 4. >> Chapter 3. >> Article 1.
5652
. (a) A revocable transfer on death deed transfers all of the
transferor's interest in the property on the transferor's death
according to the following rules:
(1) Subject to the beneficiary's right to disclaim the transfer,
the interest in the property is transferred to the beneficiary in
accordance with the deed.
(2) The interest of a beneficiary is contingent on the beneficiary
surviving the transferor. Notwithstanding Section 21110, the
interest of a beneficiary that fails to survive the transferor
lapses.
(3) Except as provided in paragraph (4), if there is more than one
beneficiary, they take the property as tenants in common, in equal
shares.
(4) If there is more than one beneficiary, the share of a
beneficiary that lapses or fails for any reason is transferred to the
others in equal shares.
(b) Property is transferred by a revocable transfer on death deed
subject to any limitation on the transferor's interest that is of
record at the transferor's death, including, but not limited to, a
lien, encumbrance, easement, lease, or other instrument affecting the
transferor's interest, whether recorded before or after recordation
of the revocable transfer on death deed. The holder of rights under
that instrument may enforce those rights against the property
notwithstanding its transfer by the revocable transfer on death deed.
(c) A revocable transfer on death deed transfers the property
without covenant or warranty of title.